In a recent op-ed published in the Washington Examiner, U.S. Senator Shelley Moore Capito (R-W.Va.), who chairs the Senate Environment and Public Works Committee, discussed the Senate’s approval of her joint resolution to repeal California’s electric vehicle mandate. This action was taken under the Congressional Review Act (CRA).
Senator Capito stated, “Despite the best efforts of unelected bureaucrats in California, the Biden administration, and congressional Democrats to shield this electric vehicle mandate from the will of the people, Congress has rejected California’s attempt to impose a mandate that would have eliminated consumer choice, increased prices, and killed jobs across the country.”
Capito explained that Congress had allowed California to request waivers from federal air regulations over 50 years ago due to its poor air quality. However, she argued that California has recently used this authority excessively by implementing policies affecting nationwide climate policy.
In December 2024, the Biden Environmental Protection Agency approved California’s Advanced Clean Cars II regulation. This waiver requires all vehicles sold in California and several other states to be zero-emission by 2035. According to Capito, these standards would significantly impact auto manufacturing and consumer choices.
Capito emphasized that using the CRA allowed elected representatives to decide on significant agency rules. She also noted that Democratic senators attempted to block this action by involving the Government Accountability Office (GAO), which claimed that the EPA’s decision was not a rule under CRA guidelines.
“Democrats got this GAO letter to obstruct the Senate from exercising its authority provided by the CRA,” Capito wrote. She clarified that once an agency submits a rule to Congress, elected officials have the right to approve or disapprove it.
Capito concluded by reiterating her stance against what she perceives as overreach by unelected agencies and emphasized her support for maintaining legislative processes such as filibusters when appropriate.
